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24/91401/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91401/B Applicant : Mr Charlie Vernon Proposal : Creation of offroad parking Site Address : Bridge House Main Road Colby Isle Of Man IM9 4NP
Planning Officer: Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.02.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. The proposed driveway is situated next to a neighbouring driveway and as such would not impact the character and appearance of the Conservation Area nor the overall streetscene and deemed to comply with Section 18(4) of the Town and Country Planning Act (1999). With the site providing as a whole over two car parking spaces which means the application complies with Transport Policy 7 in connection with Appendix 7. The proposed driveway is not expected to make worse any existing arrangements or visibility from the access and thus no new highway safety issues are expected and the level of development proposed is acceptable and to comply with General Policy 2 (h and i).
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 13th January 2025; o Drawing No. 100
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI (Highway Services and Drainage) - No objection Arbory and Rushen Commissioners - No objection.
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24/91401/B Page 2 of 4
Officer’s Report
APPLICATION SITE 1.1 The application site is within the residential curtilage of Bridge House, Main Road, Colby which is a detached dwelling situated to the North of Main Road. The specific part of the site in question is situated to the Northern part of the site adjacent to the neighbouring properties car parking area.
PROPOSAL 2.1 The current planning application seeks approval for the removal of part of the boundary wall and fencing with the installation of a car parking area which is to be defined by block paving.
2.2 The proposed car parking area will provide car parking for two cars.
PLANNING HISTORY 3.1 The previous applications are not relevant in the assessment of this application.
PLANNING POLICY 4.1 The site lies within an area zoned as "Predominantly Residential" on the 1982 Development Plan, North Map and the Draft Area Plan for the North and West. The property is not within a Conservation Area or a Flood Risk Zone.
4.2 In the first instance given that the site is situated within a Conservation Area, Section 18(4) of the Town and Country Planning Ace (1999) is the most relevant in the assessment of this application. This will be followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which sets out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.3 These policies are then followed by paragraph 8.12.1 and the general design standards set out in General Policy 2 of the Isle of Man Strategic Plan 2016 along with the general advice set out in 6.3 of the Residential Design Guide in respect of driveways and car parking and not removing more than 50% of the garden area and Transport Policy 7 in connection with Appendix 7 which sets out the general parking standards.
REPRESENTATIONS 5.1 The following representations can be found online in full;
5.2 Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. A S109 highway agreement will be required for the dropped kerb footway extension to access the parking area." (21.1.25)
5.3 Arbory and Rushen Commissioners have considered the application and support the proposal. (23.02.25)
5.4 DOI Highway Drainage state that the applicant should be aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highways Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. (11.02.25)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4) TEST
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24/91401/B Page 3 of 4
6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under Section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.2.2 The proposal is situated adjacent to car parking for the neighbouring property, as such from this point of view the proposal would preserve the Conservation Area. The removal of the wall and fencing to the end of the site is unlikely to impact the surrounding Conservation Area as the main dwelling will still have a boundary surrounding it.
6.2.3 Overall the proposal is deemed to comply with Section 18(4) of the Town and Country Planning Act (1999) by preserving the Conservation Area.
6.3 HIGHWAY SAFETY 6.3.1 The proposed driveway is situated adjacent to an already existing car parking area, and as such the proposed changes are not expected to make worse any existing arrangements or visibility from the access, thus no new highway issues are expected. It is also relevant to note that Highway Services haven't raised any concerns with the proposal and the proposal is to provide an additional two car parking spaces to the dwelling.
CONCLUSION 7.1 The proposed driveway is situated next to a neighbouring driveway and as such would not impact the character and appearance of the Conservation Area nor the overall streetscene and deemed to comply with Section 18(4) of the Town and Country Planning Act (1999). With the site providing as a whole over two car parking spaces which means the application complies with Transport Policy 7 in connection with Appendix 7.
7.2 The proposed driveway is not expected to make worse any existing arrangements or visibility from the access and thus no new highway safety issues are expected and the level of development proposed is acceptable and to comply with General Policy 2 (h and i).
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.
Decision Made : Permitted Date : 28.02.2025
Determining Officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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